Honble SINGH, J.—This writ petition has been filed by the plaintiff challenging the order dated 17.07.2004 passed by the learned appellate court by which the learned appellate court has rejected the application filed under Order 41 Rule 27 C.P.C. on 03.08.1998.

2. The plaintiff filed a suit for permanent injunction which came to be dismissed by the learned trial court vide judgment and decree dated 06.09.1998 and an appeal came to be filed which is pending before the learned lower appellate court. In the suit the plaintiff relied upon a registered sale-deed dated 26.07.1926 (Annexure-1) executed by one Bhanwaria and based his title in the property upon the said sale-deed. The said registered sale-deed, it may be mentioned here, is in Urdu script and language, as would be evident from the perusal of Annexure-1, a photostat copy of the sale-deed dated 26.07.1926 which has been filed before this court also and annexed to this writ petition.

3. After filing of the appeal against the dismissal of suit by the learned trial court vide judgment and decree dated 03.08.1998, the plaintiff-petitioner submitted an application under Order 41 Rule 27 C.P.C., though specifically the said provision

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